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My wife and I are contemplating divorce. We have two sons born prior to our marriage 10-31-2008. All assets, house, autos are in my name alone. She has not worked since before first child was born in September 2005. I realize if I don't gain custody I will have to pay child support. Will she be entitled to anything else?

Asked on 10/04/12, 8:32 am

1 Answer from Attorneys

She would be entitled to an equitable division of all of your assets, including your retirement or pension that was acquired during your marriage. As for the property titled in your name, alone, it depends if you acquired this property prior to the marriage or with money/assets that you received prior to the marriage or if you received any inheritance. There also are other ways this property may be considered separate under the Ohio Revised Code. See Ohio Revised Code 3105.171(A)(6). She probably would not be awarded spousal support for very long, if at all, because the marriage has only lasted four years. In addition, there has to be an equitable division of all debt.

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This answer was based on Ohio law and does not establish an attorney-client relationship.